Reporting Fraudulent Claim to MDES
Send an email to safe@mdes.ms.gov with the employees’ name and last four digits of their social security number. This email should contain this or similar language: “We would like to report a fraudulent identity theft claim filed against the SSN of John Smith XXX-XX-1234. Mr. Smith is currently employed at Employer’s Name. Mr. Smith has stated that he did not file a claim for unemployment benefits. Please take the necessary steps to invalidate this fraudulent claim and hold Mr. Smith harmless for any benefits that may have been paid to the criminals that victimized him. We also request that our account…
Harassment Proliferation (Me Too Movement)
We are all seeing the deluge of harassment cases that are being reported in the media. There is a high probability that we may see an increase in harassment claims in our work environments. It is prudent to stay ahead of this and educate / remind managers that dealing with employees must be professional at all times. One of the most probable times for accusations to occur is in a disciplinary or termination setting. We always advise the employer to have at least two management level staff present in disciplinary/termination meetings. This may seem burdensome, unnecessary, etc. but it is…
Command of the Meeting
Command of the investigation / disciplinary / termination meeting. Do not allow employees to dictate the terms of the meeting. At the outset, define the protocol that will be followed during the meeting and follow the protocol. Example approach: We are here to discuss the incident that occurred on 1/1/17. During this meeting we will all behave in a professional manner. Any unprofessional behavior, such as raising of the voice, will result in the meeting being terminated. I will speak first and when I conclude I will provide you an opportunity to provide a statement. Jane Doe is sitting in…
Show the Evidence
Prior to warning or discharging an employee the employee should always be given opportunity to respond to allegations of miss-doings. If the employee is denying any wrong doing and the employer has evidence (video, emails, pictures, etc.) to the contrary it is generally good practice to inform the employee of the evidence and allow the employee an opportunity to see the evidence. There may be occasions when the termination is based on other employee statements and it is not proper to disclose who provided the information or show statements made by other employees. Example Case - A nurse, who had…
Initiation of Family Medical Leave (FMLA)
In many organizations employees report to their manager that they need time off from work and little if any information is shared as to the reason for the time off. The manager may be inquisitive but in many instances the questions concern when the employee will return. The manager generally has little to no knowledge of FMLA and may or may not have Human Resource assistance readily available. We continue to see situations where an employee, eligible for FMLA and absent due to a qualifying reason, has been off for a lengthy period and only then does senior management /…
Employee Discharge Reason(s)
There is no definitive best practice on whether to present a written document to an employee at the time of discharge. However, whether the termination is presented in written format or verbally relayed to the employee you should present all reason(s) for the separation (Do not sugar coat and be specific to the facts and policy violations). Example case – Employee is found sleeping on the job, multiple first hand witnesses. Company policy states sleeping on the job is grounds for immediate termination. When the employee woke she was speaking incoherently and displaying erratic behavior. The HR Department determined that…
Defining Management Expectations
Individual applies for a job based on a job description that defines work tasks and skills, individual is hired, new hire orientation occurs including a whirlwind overview of the company and a quick review of a 100 + page employee handbook. They start work. Several months (or in some cases years) the manager reports that the individual is not doing what the manager “expects” (examples: attendance, cellphone usage, responding to customer calls, timeliness for meetings, helping co-workers, Internet usage, professionalism, etc.). Occasionally, the issue has been addressed with the employee and the employee simply is unwilling to alter the behavior. …
FMLA Designation
The FMLA (Family Medical Leave Act) law has been in place since 1993 and the complexity has never worn off. The act, in total, can be very complex for the employer and the employee. Below is a brief refresher on the initial process of designation. Employee Reports or Employer is made aware of the need for leaveEmployer should obtain the expected duration and reason for leaveDetermine if duration and reason fall within the FMLA guidelines If determined an FMLA qualified event: Employee qualification for FMLA must be madeEmployee must have worked 1250 hours (within the last 12 months) Must have worked…
